Hit and run cases are more complex than ordinary car accident claims. In such cases, ICBC may take the position that the injured party fabricated the accident. The law in British Columbia is designed to reduce the amount of fraudulent hit and run cases by requiring that injured parties take “reasonable steps” to identify the other driver.
What constitutes reasonable steps varies from case to case, and more often than not, delaying the taking of these steps can result in the injury claim being dismissed. Examples of steps someone involved in a hit and run case has to take may include: remaining at the scene and calling the police, forthwith calling ICBC to report the accident, placing signage at the accident location, advertising the accident in the newspaper to locate witnesses who may be able to identify the driver, etc.
At our firm, we not only inform our clients what steps they have to take, but if necessary we help them with placing signage at the accident location and advertisements for the purposes of satisfying their legal requirements.
Notably, our clients often complain that ICBC did not inform them of their obligation to take reasonable steps to identify the hit and run driver, or what steps to take. It is important to get legal advice in such cases so that these steps can be satisfied and the claim can proceed.